Legal Question in Real Estate Law in California
Zero Lot Line / So. California
We are 3rd owners of a zero lot line house in Mission Viejo. Shed in side yard built by 1st owners about 15/17 yrs ago. Neighbor whose house it is next to but not touching has been here the whole time now wants the shed removed so he can ''paint''. Told him we will give him access to paint w/proper notice but he has gone to great lengths to get it removed. Mold (none), Drainage (2 drains next to it) Fire hazard (gave HOA BOD codes saying they were CA Fire but were Contractor fire codes (per a Fire Captain in MV) -he is a Fireman & wearing his uniform at mtng when this was done. Called the city building insp. saying I built it w/o a permit. City came out & is fine with it. He told the city we are storing fuel & would not give him access. AARRGGH! There is a 3 foot setback that supposedly they own of our property & we own 3 ft on the other side. My ? is this (it's a very long story, sorry) hasn't the statue of limitations in California - 5 years - solved my problem as he has lived with it for so long? Didn't he approve it by proxy by not doing anything? HOA ok'd it twice- 2005 & 8/08. Spoke to Fire Cap in MV & he said if the city ok - they are. This will affect the whole tract with the setback issue- not large lots.
2 Answers from Attorneys
Re: Zero Lot Line / So. California
Next time he shows up at some hearing wearing an official uniform, take photos. Send the photos to his boss.
Re: Zero Lot Line / So. California
If the shed was a approved by your HOA, and the City and Fire Marshall have signed off on it, he's out of luck. Most structures under 100 sq. ft. do not require permits - check your local building department but here in San Clemente, 100 sq. ft. is the cut-off for a permit. He's still going to be a pain in your rear, and will probably continue to fight you over this, but I think you are in the right and he's just trying to bully you into removing it.
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